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Barely less than four months after a federal High Court in Abuja awarded N5,000 to an Airtel subscriber over breaches on his rights, another Federal High Court in Ibadan on Wednesday awarded N530,000 to Oluwole Aluko for unauthorised deduction from his mobile lines by MTN, Nigeria.
Delivering his judgment, Justice Nathaniel Ayo-Emmanuel, held that MTN had admitted guilt by not challenging the action, saying “The plaintiff has the right to allow or reject the use of a caller tune. MTN cannot force the use of any caller tune on him or anybody because it is unlawful”.
“Though the plaintiff sought N10m as damages, but I hold that any damage suffered must be commensurate with the claim.
“I, hereby, award a cost of N500,000 for the damages suffered and another N30,000 as cost incurred during the court process.”
The plaintiff, who is also the counsel in the case, had in 2016 instituted a N10m suit against MTN.
In his prayers, he claimed that the communication company unlawfully made series of deductions from three of his MTN lines for caller tunes he did not subscribe to.
However, Mr. Fatiullah Tiamiyu, the defence counsel, denied that MTN was not served any court process.
“That is the reason the company has not been represented in any previous sitting,” he said.